Benham

Benham v. Hagen

Good Law
220 F. Supp. 3d 1033·2016 WL 7131672·2016 U.S. Dist. LEXIS 187875
United States District Court, Central District of CaliforniaOctober 20, 2016Case No. LA CV 15-08472-VBFCalifornia5,288 words

Opinion

Lead Opinion

Fairbank, J.

PROCEEDINGS (in chambers): Order Determining that Benham Has Not Carried Burden of Establishing Bankruptcy Appellate Standing;

Permitting Taxation of Non-Fee Costs Under Fed. R.B.P. 8021; Declining to Sanction Benham Under Fed. R.B.P. 8020(a);

Terminating and Closing the Case

Appellant Erik Benham filed a petition for bankruptcy protection under Chapter 7 of the U.S. Bankruptcy Code on June 24, 2008. The matter was assigned Central District of California Bankruptcy Case No. 9;08-bk-11432-PC, and the United States Bankruptcy Trustee (“the Trustee”) was appointed on December 7, 2009. The Trustee issued a Trustee’s Final Report (“TFR”) reciting gross receipts of about $1.235 million; payments to creditors of about $526,280; administrative expenses of about $380,068; and a balance on hand of about $317,936. See TFR, reproduced at Exhibit (“Ex”) 1, at 1. The Trustee proposed paying nothing toward the claims of secured creditors, See Ex 1 at 6. The Trustee noted that “[i]n addition to the expenses of administration listed above as may be allowed by the Court, priority claims totaling $838,743.68 must be paid in advance of any dividend to general (unsecured creditors), see Ex 1 at 7.…

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